CASE STUDY REVIEW: Read the case below and comment what you have learnt from the case. The termination and cancellation of the contract may occur
CASE STUDY REVIEW: Read the case below and comment what you have learnt from the case.
The termination and cancellation of the contract may occur when either
party puts an end to the contract because of the breach of another
party. Once a contract has been terminated the obligations binding both
parties no longer exist but the ones prior to the breach are still
compulsory (Legal Information Institute, 1992). In this case, Jeremy who
purchased a car and signed a contract promising to pay $200 every month
until the car is fully paid canceled his contract with Smooth Sales
Used Cars. He wanted to give back the car and get his money back.
According to the Uniform Commercial Code Article 2-106 (3 and 4), Jeremy
can give back his car and discontinue his monthly payment of $200 to
Smooth Sales Used Cars but he can no longer get his money back because
of previous obligations prior to his breach of contract is still
mandatory. Since he is underaged and a minor, technically he cannot
acquire a transaction with the car dealer shop but this was neglected by
the company thus remedies for such situation is, the company pays back
Jeremys initial down payment because of its failure to restrict sales
to a minor but they keep the monthly payments from Jeremy prior to the
cancellation of the contract because the canceling party also retains
any remedy for breach of the whole contract or any unperformed
balance(Legal Information Institute, 1992). Legal matters may arise in
the negligence of the car company in transacting with a minor. Jeremy
can site that his transaction with Smooth Sales Used Cars was invalid
since technically he is not of legal age. This may give rise to a legal
suit against the company. On the other hand, Jeremy can also be blamed
since he knew he was not of age in transacting. The act of his contract
cancellation presents a breach and he is liable to all obligations
following such breach. Remedies of settling such a case should be agreed
upon by both parties.
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